The URL can be used to link to this page

Home My WebLink About09-111611 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. KAREN D GALIC No: CA1- 111(p 0,1yiI ` lerwi COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07030235 C N Pit CFR IN THE COURT OF COMMON PLEASCIVIL MBERLAND COUNTY, PENNSYLVANIA DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. KAREN D GALIC Defendant Civil Action No COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearajnce personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F ND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANN ITH AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU W INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIG BLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: KAREN D GALIC 212 ROSEMONT AVE NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9172 . 4. Defendant made use of said credit card and has a current balance due of $1316.39 , as of November 18, 2008 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 28.100% per annum on the unpaid balance from November 18, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, toe Plaintiff prays for judgment in its favor and against Defendant l!, KAREN D GALIC , INDIVIDUALLY , in the amount of $1316.39 with continuing interest thereon at the rate of 28.100% per annum from November 18, 2008 plus costs. . James U. W =[iwLVU?, Y???z WELTMAN, W INBERG & REIS CO., L.P.A. 436 Se ent Avenue, Suite 1400 Pitts rg , PA 15219 (412) 434 7955 FAX: 12 338-7130 0703 23 C N Pit CFR This law firm is ',a debt collector attempting will be collect this debt for used for that purpose. our client and any information obtained rvulBIT TOTAL CREDIT LINE $50000 TOTAL AVAILABLE REDIT $000 -Important Notice" Under the terms we previously disclosed to you, your amount is now eligible for an increase CREDIT LINE FOR C H $50000 in Annual Percentage Rates (APRs) effecWe immediately However, Capital One has elected not to raise your AVAILABLE CREDIT OR CASH $000 APRs at this time Please be advised that d you fall to keep your accourd in good standing, Capital one reserves the right to raise your APRs in the future FINANCE Previous Balance Ms & C Transactions New Balance Minimum Payment Due Data redits C SW E $800 47 - $000 + $18 75 + $32 00 = $851 22 $351 22 Jun 03, 2007 Apr 04, 2007 - M 'y 03, 2007 Page 1 of 1 PLEASE PAY AT LEAST IW AMOMT J Your account is six payments behind If we charge off your account due to late payments, we vet report the MasterCard Platinum l?,ecotlrtt charged-off status to several national vedd bureaus, and the Purchase APR as re8edW on this staterrent will 517&0524.817&6112 be applied to all your outstanding balances Act now to prevent this from happening Please pay the amount due on your sta1emarht or give us a call with 0 Well work with you so you can take control of your Your Account Information account one start rebuilding you Capital One r Finance Charges (pie Ise we reverse for srportant Information) Balance a Penodlc Corr ARndng CHARGE 3 rate Purchases $81 55 0 07712% D 2815% $1875 Cash 00 0 07712% D 2815% $000 ANNUAL PERCENTAGE TE applied this period. 26.15% ® At Your service 1• 603.3697 To cal Cunorner orlo reports lost our stolen cad ® Send paymerds t0?. Capital One Bank P p Box 70884 Charlotte. NC 2BZ72484 A Send Inquiries tD.1 Capital One Ono PO Bcl; 30285 Set Lake City. UT 04130-0285 payments, Credits & Adlustments Transactions E $2900 1 03 MAY PAST DUE FE 2 03 MAY CAPITAL ONE MONTHLY MEMBER FEE $300 You were assessed a past due fee because your mrrvmum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your mutimum payment to reach Capital One 1 7 3 070503 PAGE 1 of 1 01BC6056 6056 506 PI-EASE RETURN PORTION BELOW WITH PAYMENT 0 5178052487769172 03 0851220030000351227 capmaiillrlt%" what's in your walletT Account Number. 5178-0524-87769172 New Balance Minimum Payment Due Date Amount End?saad Capital One ank P.O. Box MA 4 Charlotte, N 2&272-0884 6161641 rddlllI'll IIII111'II'Il I11111ll11u'IIllIIIIIIII $851 22 $351 22 Jun 03, 2007 PLEASE PAY Al LEAST THIS AMOUNT please print address or phone number changes below using blue or black ink Address Home Phone Alternate phone E-mail address ? #9012455408526963# MAIL ID NUMBER KAREN D GALIC 212 ROSENONT AYE NEW CUMBERLAND, PA 17070-2051 III'I?111'?'111I11III'l lllllllllllllll'1111I'1II I'llll'II11'I 7030235 Please write your a4unt number on your check or money order made payable to Capital One Bank and mail with this coupon to the enclosed envelope CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KAREN D GALIC Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of is/her knowledge, information and belief. -? Dated: Darious Nelson A049 WELTMAN, WEIR BERG & REIS CO., L.P.A. J 0 MMW 51 a CD SHERIFF'S RETURN - REGULAR CASE NO: 2009-01116 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS GALIC KAREN D RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NnTTrP GALIC KAREN D DEFENDANT was served upon the , at 0012:52 HOURS, on the 9th day of March , 2009 at 212 ROSEMONT AIM NEW CUMBERLAND, PA 17070 KAREN D. GALIC by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Mileage 15.30 Affidavit .00 Surcharge 10.00 .00 43.30 Sworn and Subscibed to before me this day So Answers: 00004 R. Thomas Kline 03/20/2009 WELTMAN WEINBERY & REIS By: Deputy Sheriff of A. D. ? Y3 ^' i «? ...± , ? << T ?' ?'+ ._ ?,. F . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. KAREN D GALIC No.09-1116 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07030235 $1,448.40 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-1116 CIVIL TERM KAREN D GALIC Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, KAREN D GALIC, in the amount of $1,448.40 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, INBERG & REIS CO., L.P.A., By: Attorney for Plaintiff KAREN D GALIC, By: ?-? ` t? Defendant WWR#07030235 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-1116 CIVIL TERM KAREN D GALIC Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, KAREN D GALIC, above- named, in the amount of $1,448.40 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $1,448.40 with continuing interest thereon at a rate of 6.00% per annum plus costs from Date of Judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, KAREN D GALIC, in the amount of $1,448.40 plus continuing interest thereon at the rate of 6.00% per annum from Date of Judgment and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $75.00 due by May 3&, 2009; (b) $75.00 due on the 30"' day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CAPITAL ONE BANK (USA), NA" - 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. J 9. Intending to be legally bound, the parties set their hands and seals this day of mss- , 20? WELTMAN, INBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 07030235 Defendant, KAREN GALIC Til _ CRY 2mo ;u,,,; +t4.oo PP ATM 405 6 166 aa17 I SQ Ab+Iec, d . ,w . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-1116 CIVIL TERM KAREN D GALIC Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was a tered against you on (xx) Assumpsit Judgment in the amount of $1,448.40 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( } Verdict ( ) Arbitration ( ) Award (XX) By Consent KAREN D GALIC 212 ROSEMONT AVE NEW CUMBERLND, PA 17070 Prothonotary By: s ?. PRO ONOTARY (OR DEP ) OKS